Crawford avalanche. (Grayling, Mich.) 1879-19??, 1887-02-03
iisscd because Of tho absence OF direct damage

be mndo by said Commission it shall be its duty
TO make q report in writing In respect thereto
which shall include tho findings OF fact upon
which the conclusions of the Commission are
based, together with its recommendation TO
what reparation, IL any, should be made by tn ,
common carrier TO any party parties who may
be found to have been injured and such find
ings so made shall thereafter, in all judicial
proceedings, be doomed prima facie evidence as
to each and overy fact found. All reports of in-
vestgations made by tho Commission shall bo
entered Of record, and copy thereof shall be
furnished to the party who may have COM
have been complained of
Sec. 10. That II in any case in which in
vestigation shall be made by said Commission
IL shall be made to appear to the satisfaction OF
the Commission, either by the testimony of
witnesses or other evidence, that anything has
been done or omitted to be done in violation OF
the provisions of this act, or of any law cog
nizable by said Commission, by any common
carrier, or that any injury or damage has been
sustained by the party or parties complaining,
or by other parties aggrieved in consequence OF
any such violation, it shall be the duty OF the
Commission to forthwith cause q copy of its re-
port in respect thereto to be delivered to such
common carrier, together with a notice to said
common carrier to cease and desist from such
violation, or to make reparation for the injury
so found to have been done. or both, within a
reasonable time, to be specified by the Com
shall be mad6 ID BshP q PG be s pseaf t
such common carrier has ceased from such vio-
lation OF law, and has made reparation for the
injury found to have been done, in compliance
with tho report and notice OF the Commission
or to tho satisfaction of the party complaining,
q statement to that effect shall be entered OF
record by the Commission, and the said COM
mon carrier shall thereupon be relieved from
further liability or penalty for such particular
violation of law.
Sec. 10. That whenever any common carrier,
as defined in and subject to the provisions OF
this act, shall violate or refuse or neglect to
obey any lawful order or requirement of tho
Commission in this act named, it shall be the
duty OF the Commission, and lawful for any
company or person interested in such order or
requirement. to apply, in summary way by
petition, to the Circuit Court of the United
States sitting in equity in the judicial
district in which the common carrier COM
planned OF has his principal office or in which
the violation or disobedience of such order or
requirement shall happen alleging such vio-
lation or disobedience, as the case may be;
and the said court shall have power to hear and
determine the matter, on such notice TO
the common carrier complained Of as the court
shall deem reasonable; and such notice may
be served ON such common carrier, his or its
officers, agents, or servants, in such manner as
the court shall direct and said court shall pro-
ceed to hear and determine the matter speedily
as court OF equity and without the formal
pleadings and proceedings applicable to ordi-
nary suits in equity, but in such manner as to
do justice in the premises; and to this end such
court shall have power il it think 1T to direct and
prosecute in such mode and by such process ns it
may appoint all such inquiries as the court may
think needful to enable it to form just judgment
in the matter OF such petition and on such hear.
ing the report of said commission shall be prima
facie evidence of the matters therein stated I;
and IL it be made to appear to such court, on
such hearing or ON report OF any such person or
persons, that the lawful order or requirement Of
said commission drawn in question has been
violated or disobeyed, it shall be lawful for such
court to issue writ Of injunction or other
proper process, mandatory or otherwise, to re-
strain such common carrier from further con-
tinuing such violation or disobedience Of such
order or requirement of said commission and
enjoining obedience to the same and in case OF
any disobedience OF any such writ OF injunction
or other proper process, mandatory or other
wise, IL shall bo lawful for such court to issue
writs OF attachment, or any other process of
said Court incident or applicable to writs of in
junction, or other proper process, mandatory or
otherwise, against such common carrier, and IL
q corporation, against one or more of the di-
rectors, officers agents of the same, or against
any owner, lessee, Trustee, Receiver, or other
person failing to obey such writ Of injunction or
other proper process, mandatory or otherwise /;
and said Court may, IL it shall think fit make an
pf4s1 directlng such common carrier or other
other proper process, mandatory or otherwise, to
pay such sum of money not exceeding for each
carrier or person in default the sum of 500 for
every day after day to be named in the order
that such carrier other person shall fail to obey
such injunction or other proper process, manda-
tory otherwise; and sucn moneys shall be
payable as the Court shall direct, either to the
party complaining, or into Court to abide the
ultimate decision OF the Court. into the Treas
ury f; and payment thereof may. without preju-
dice to any other mode of recovering the same,
be enforced by attachment or order in the ma
ture of writ of execution, in like manner rs If
the same had been recovered by n final decree
in personam in such court When the subject
in dispute shall be of the value of 81, 90 or
more, either party by such proceeding before
said court may appeal to the Supreme Court OF
the United States, under the same regulations
now provided by law in respect of security for
such appeal, but such appeal shall not operate
to stay supersede the order of the court or
the execution of any writ process thereon,
the payment of such costs and counsel fees as
shall be deemed reasonable. Whenever any
such petition shall be filed or presented by tho
Commission II shall be tine duty of the District
Attorney under the direction Of the Attorney
General of the United States to prosecute the
same and the costs and expenses OF such prose-
cution shall be paid out Of the appropriation tor
the expenses of the courts of the United States.
Fer the purposes of this act, excepting its penal
provisions. the Circuit Courts OF the United
States shall be deemed to be always in session.
Sec. II. That the Commission may conduct
its proceedings in such manner as will best con-
duce to the proper dispatch of business and to
| the ends of Justice. A majority of the Commits
| sion shall constitute n quorum for the trlnsac-
| tion of business, but no Commissioner shall par
ticipate in any hearing or proceeding in which
he has any pecuniary interest. Said Commits
sion may, from time to time make amend
such general rules or orders as may be requisite
| for the order and regulation OF proceedings be-
| fore IL, including forms of notices and the SER
| vice thereof, which shall conform, as nearly rs
may be, to those in use in the Courts of the
United States. Any party may appear before
said Commission and b. heard, in person or by
nttorney Every vote and official act of the
Commission shall be entered OF record, and its
| proc eedings shall be public upon the request Of
either party Interested Said Commission shall
have an official seal which shall be judicially
noticed. Either OF the menbtr rs Of the Com
mission may administer oaths and affir1nations.
Sec. 1S That each Commissioner shall receive
an annual salary OF "a, 500, payable in the same
manner MS the salaries Of the Judges of tine
courts of the United States. The commission
| shall appoint Secretary, who shall receive an
annual salary Of $500, payable in like man
ner The Commission shall have authority to
employ and fix the compensation Of such other
employees as 1T may find necessary TO the
proper performance of its duties, subject to tho
approval of the Secretary of the Interior. The
Commission shall be furnished by the secre-
tary of the Interior with suitable Offices and
all necessary Office supplies. Witnesses sum
moned before the Commission shall be paid the
same feos and mileage that are paid witnesses
In the courts OF the United States All OF the
expenses of the Commission, including all nee
essary expenses for transportation incurred
by the Commissioners, or by their employees
under their orders, In making any Investigation
in any other places than in the city OF Wash
ington, shall be allowed and paid, on the pres
entatiOn of itemized vouchers therefor approved
by the Chairman Of the Commission and Sec
rotary of the Interior.
Sec. 10. That the principal Office OF tho Com
mission shall bo in the city OF Washington,
where its general sessions shall be hold but
whenever the convenience of the public or OF the
parties may be promoted or delay expense
prevented thereby, the Commission may hold
special sessions in any part OF tho United
States. It may, by one or more OF the Commits
sioners, prosecute any inquiry necessary TO its
duties, i'm any part Of the United States, into
| any matter or question Of fact pertaining TO the
business OF any common carrier subject to the
provisions of this act
SEQ. 20. That the Commission is hereby au-
thorized TO require annual reports from all COM
mon carriers subject to the provisions of this
act, to fix the time and prescribe the manner in
which such reports shall be made and to re-
| quire from such carriers specific answers to oil
questions upon which the Commission may
| need information. Such annual reports shall
show in detail the amount Of capital stock is